Shoulder decisions — 2009

The case must be remanded to obtain additional medical records from a private physician and address the timeliness of an appeal for compensation under 38 U.S.C.A. § 1151.

The veteran's claims for increased ratings were denied, but an effective date of October 21, 1992, was granted for a total rating based on unemployability due to service-connected disabilities.

The Board granted a 10 percent rating for the veteran's loss of right hand strength and denied an increased evaluation in excess of 20 percent for her service-connected right shoulder disability.

The veteran's claim for an earlier effective date was denied as it is not factually ascertainable from the evidence of record that a compensable separate rating was warranted for the residuals of a shell fragment wound of the left shoulder with a retained foreign body in the year prior to October 26, 2004.

The veteran's left shoulder, right leg, and left leg periostitis have been granted a 20 percent evaluation. The chronic left ankle sprain has been granted a 10 percent rating.

The veteran's right shoulder tendinitis is rated at 20 percent disabling, and the other conditions are not rated compensably.

The Board remands the veteran's appeal for a hearing before a Veterans Law Judge due to his request for rescheduling.

The appeal is being remanded to obtain additional evidence, including records from the veteran's VA and private treatment providers.

The veteran's non-service-connected disabilities do not meet the criteria for special monthly pension based on a need for aid and attendance or housebound status.

The Board finds that service connection for a rotator cuff tear and degenerative joint disease of the right shoulder is warranted, but not for major depressive disorder or arthritis.

The veteran's claims for service connection for headaches and psychiatric disorders were granted, while all other claims for service connection were denied.

The veteran failed to report for necessary VA examinations, and the evidence does not support increased ratings or service connection for his claimed conditions.

The veteran's right shoulder disability was incurred in or aggravated by service, but her right inguinal pain is not a current disability resulting from injury or disease incurred during active military service.

The veteran's service-connected bilateral shoulder disabilities and scars do not warrant higher disability ratings, and the veteran does not have a current groin, right hip, or left knee disability.

The veteran's hemorrhoids are rated at 20%, and the right shoulder disorder is not service-connected. The veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.

The veteran's claims for increased rating, service connection for left knee and shoulder conditions, and TDIU were denied as the evidence did not support a higher disability rating or a link to service.

The veteran's left shoulder disability was granted an increased rating to 20 percent, but no higher.

The Board denied service connection for a right shoulder disorder as there was no evidence of the condition in service or for many years thereafter, and no credible evidence linking it to active duty.

The appeal is remanded to the RO for additional development, including scheduling a videoconference hearing.

The Board has reopened the claims for service connection for low back and left shoulder disabilities, and granted service connection for lumbosacral degenerative disc disease and degenerative joint disease with right lumbar radiculopathy, as well as degenerative joint disease of the left shoulder.